Easement & LAROW

Question 1

What is ‘easement’ ?

Answer 1

1. An easement refers to a right which the owner of a particular land may enjoy in respect of that land for the benefical use and enjoyment of another piece of land belonging to a different owner.
2. Under Section 282(1) of (NLC), the term ‘easement’ refers to any right that one landowner (grantor) grants to another landowner (grantee), specifically for the beneficial enjoyment of the grantee’s land.

Question 2

What is Land Administrator’s Right Of Way (LAROW)?

Answer 2

1. The Land Administrator may create rights of way over any land known as “Land Administrator’s Right of Way (LAROW) under S 388(1).
2. (LAROW) is a right to pass and re-pass to public terminal (i.e. cross over the subject land). S 387 states “public terminal” means the foreshore, a river, railway station or public road.

Question 3

What are the types of easement?

Answer 3

1. S 283(1)(a) is for positive easement whereas S 283(1)(b) is a negative easement.
2. Positive easement gives the Dominant Landowner (DLO) the right to do something on the Servient Land (SL). Negative easement prohibits the Servient Landowner (SLO) from doing certain acts on his own land.

Question 4

What are the characteristics of easement?

Answer 4

Re Ellenborough Park [1955];
1. Must be both a dominant and a servient land;

2. An easement must ‘accommodate’/ to benefit the dominant land
3. The dominant and servient owners must be different persons
4. The right claimed must be definite (capable of being legally granted and documented as an easement)

Question 5

What are the characteristics/types of (LAROW)?

Answer 5

1. Under S 389(1), a Land Administrator’s (LA) right of way can be private right of way or public right of way.
2. (a) A private right of way is for the benefit of the State Authority (SA) or proprietor/occupier of any alienated land.
3. (b) A public right of way created for the benefit of the public.

Question 6

How does the State Authority (SA)/proprietor/occupier apply and create (LAROW)?

Answer 6

1. Under S390(1), the SA/proprietor/occupier of any alienated land may apply to Land Administrator in Form 28A for creation of private right of way.
2. S390(2), the (LA); (a) upon receiving an application for a private right of way; (b) if he thinks creation of the public right of way is or might be expedient/necessary, shall either hold an enquiry or investigate if he thinks appropriate. Means, enquiry is not mandatory.
3. But he/she must act within power given under NLC and decides
   reasonably.

Question 7

What are the requirements for a statutory easement and its effects?

Answer 7

1. 2 requirements must be complied by the parties
2. (a) No right by way of prescription or by implied grant (long and uninterrupted used of land does not mean easement
   is created). Based on S284 easement can only be made
   by express grant through F17A (2 pages) to be filed at Land Office.
   Datin Siti Hajar v Murugasu (1970)
   -It was decided that the metal road constructed by D was not easement even though P never objected to it.
   -An easement could only be granted by an express
   grant as provided for under S284 NLC and that such grant could only be made with the agreement of the proprietor of the SL and affected by way of executing an instrument in F17A.

EW Talalla v Ng Yee Fong & Anor [1985]
Facts: D’s septic tank had encroached P’s land for more
than 20 years. P sought order for removal of the septic tank. D alleged that P was aware of the encroachment for a long time, no objection raised, means P gave his consent.
-Therefore, D claimed an easement was created.
-The court held that the consent on the part of P is not sufficient to create an easement. There must be an expressed grant of
easement in accordance with S284.

3. (b) Registration in accordance with S286(1) for easement is only effective upon registration of Form 17A (Grant of Easement). The easement shall come into existence on the date on which
   the instrument is registered.
   Tan Wee Choon v Ong Peck Seng [1986]
   -This case highlighted the importance of registration.
   -It was held that the right of way claimed by DLO had not been registered & it was not clear how the right had been obtained.
   -Thus, there was no easement created as there was no registration made under Section 286.